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ARTICLE · 15 DECEMBER 2013

Beware the ticking adjudication clock - At least for the moment...

Corrs Chambers Westgarth
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The recent tribunal decision clarified how the period in s26(1) of the Construction Contracts Act 2004 (WA) is computed.

AustraliaLitigation, Mediation & Arbitration
Spencer Flay
Spencer Flay
Kristina Botsis
Kristina Botsis
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The recent Western Australian State Administrative Tribunal (the Tribunal) decision in The MCIC Nominees Trust trading as Capital Projects & Developments and Red Ink Homes Pty Ltd [2013] WASAT 177 has clarified how the period in s 26(1) of the Construction Contracts Act 2004 (WA) (Act) is to be computed.

SUMMARY

In short the time that a party has in order to make an adjudication application under s 26 of the Act commences from the moment that the dispute arises and thus the 28 day period referred to in s 26(1) of the Act includes the day on which the payment dispute arose.

BACKGROUND

The Tribunal (constituted by Member Owen-Conway) was asked to review an adjudicator's decision to dismiss an adjudication application made by the MCIC Nominees Trust, trading as Capital Projects & Developments (MCIC) against Red Ink Homes Pty Ltd (Red Ink) without making a finding on the merits.

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